Updated 4/29: The new “Shelter-in-Place” Ordinance will supersede the old ordinance, becoming effective May 4th until at least May 31st

Click here to read the new Santa Clara County Shelter in Place Ordinance

Updated 5/7:

Santa Clara County and 5 other Bay Area Counties (San Mateo, San Francisco, Marin, Contra Costa, and Alameda) jointly announced changes to their Shelter in Place Ordinance. The ordinance will now remain in effect until at least May 31st and real estate agents now have a narrow exception to practice residential real estate as an essential business. The exact language of the order pertaining to residential real estate as an essential business is as follows”

“Service providers that enable real estate transactions (including rentals, leases, and home sales), including, but not limited to, real estate agents, escrow agents, notaries, and title companies, provided that appointments and other residential viewings must only occur virtually or, if a virtual viewing is not feasible, by appointment with no more than two visitors at a time residing within the same household or living unit and one individual showing the unit (except that in-person visits are not allowed when the occupant is present in the residence)”

Some Important Takeaways for REALTORS®

• Only individuals deemed essential to enable a transaction are allowed on the property.
• A single professional photographer/videographer is allowed on the property to create a virtual showing. The listing agent and the residents of the property should not be present when this occurs.
• Appraisers and inspectors should be essential to the transaction.
• Staging companies are allowed to resume working under certain guidelines, read more below
• Showings should be done virtually, if at all possible.
• All activities should be completed electronically, if at all possible.
• If a virtual showing is not realistic, a private showing can occur with the following stipulations:
  • Only 1 REALTOR® can be present.
  • A maximum of 2 other people are allowed. These 2 people must reside in the same household.
  • All occupants of the residence must not be present on the property during any private showing or walkthrough
• Open houses are still not allowed under any circumstances.

Some Important Takeaways for SCCAOR Affiliates

• Staging Companies have been deemed a service provider to enable a real estate transaction and are able to resume working, under certain guidelines. Click Here to Learn More.
• SCCAOR and SILVAR have asked for clarification with regard to allowable photography services under the “Shelter in Place” order, and just received the following feedback from Santa Clara County Counsel: “If a virtual viewing is not possible, then a single photographer or videographer is permitted to visit the property once to take photographs and/or video. This should be done at a time when the occupant is not present in the residence.”
• Appraisers and Inspectors are allowed to operate under the same guidelines as photography listed above.
• Moving companies are allowed to operate for tenants who must move locations, whether residential or commercial.
• Arborists, landscapers, and gardeners are allowed to fully return to work beginning May 4th
• All construction workers, including residential improvement projects, are allowed to return to work beginning May 4th.
• All construction workers must follow the Small Construction Project Safety Protocol.

Santa Clara County Ordinance in Effect Through May 3rd: Click Here
Santa Clara County Ordinance Effective May 4th – May 31st: Click Here
Santa Clara County FAQs: Click Here
California Executive Order: Click Here
California Essential Businesses Explained: Click Here 
California FAQs: Click Here

Updated May 28th:

C.A.R. has developed new Best Practices Guidelines for Real Estate During COVID-19 in response to the COVID-19 Industry Guidance for Real Estate Transactions issued earlier this month by the California Departments of Public Health and Industrial Relations. The Industry Guidance document details physical distancing and cleaning/disinfecting practices REALTORS® must follow when showing properties as California enters Stage 2 of reopening. Click Here to Read More and Download the Forms.

These forms and guidelines required to follow new state guidelines are sufficient to meet the requirements of the Social Distancing Protocol when operating as an essential business on a listing.

Updated April 10th:

According to the new County ordinance, all Essential Businesses must prepare and post by no later than 11:59 p.m. on April 2, 2020 a “Social Distancing Protocol” for each of their facilities in the County frequented by the public or employees. The Social Distancing Protocol must be posted at or near the entrance of the relevant facility, and shall be easily viewable by the public and employees.  A copy of the Social Distancing Protocol must also be provided to each employee performing work at the facility.  All Essential Businesses shall implement the Social Distancing Protocol and provide evidence of its implementation to any authority enforcing this Order upon demand.

REALTORS® and anyone else working on a listed property, such as a photographer, should have a completed protocol on their person but do not need to post one on the listed property.

Click Here to View the Sample Protocol Created by the County

This video gives an overview of the form as it pertains to REALTORS®:

Updated on 3/20: The Santa Clara County Recorder’s office has issued the following statement:

“There will be no real estate recording accepted for walk-in customers. We encourage customers to submit documents through title companies who can submit them electronically.  We will also process documents sent through the mail.”

You can find the latest updates on the Santa Clara County Recorder’s website.

This guide contains information about recording services available in all Bay Area Counties. It will be updated regularly (last updated 3/20)

Other counties outside of Santa Clara County may have a different policy in place and we recommend that you contact the local County Recorder’s Office or your local Title Representative for an update on the current status of the County Recorder’s Office outside of Santa Clara County.

Updated on 3/31: Although real estate has been deemed an essential service by Santa Clara County, open houses are prohibited.

We suggest you seek the advice of your broker for further clarification and consider the wishes of your clients in how to market their properties at this time.

Updated 4/29:

Santa Clara County and 5 other Bay Area Counties (San Mateo, San Francisco, Marin, Contra Costa, and Alameda) jointly announced changes to their Shelter in Place Ordinance. The ordinance will now remain in effect until at least May 31st and real estate agents now have a narrow exception to practice residential real estate as an essential business. The exact language of the order pertaining to residential real estate is as follows:

“Service providers that enable real estate transactions (including rentals, leases, and home sales), including, but not limited to, real estate agents, escrow agents, notaries, and title companies, provided that appointments and other real estate viewings must only occur virtually or, if a virtual viewing is not feasible, by appointment with no more than two visitors at a time residing within the same household or living unit and one individual showing the unit (except that in-person visits are not allowed when an occupant is present in a residence) 

• Showings should be done virtually, if at all possible.
• All activities should be completed electronically, if at all possible.
• If a virtual showing is not realistic, a private showing can occur with the following stipulations:
  • Only 1 REALTOR® can be present.
  • A maximum of 2 other people are allowed. These 2 people must reside in the same household.
  • All occupants of the residence must not be present on the property during any private showing or walkthrough
• Open houses are still not allowed under any circumstances.

C.A.R. has also released a Financial Relief for REALTORS​® page on their website that will be continually updated with information on relief options that are available.

• Click Here for a Guide of Resources Included for REALTORS®
• Click Here for Information Regarding CA Pandemic Unemployment
• Click Here for SBA Economic Disaster Loan Application

Updated on 5/28:

C.A.R.’s updated best practices guidelines are available here and will be available in zipForm® soon. We urge you to read these guidelines carefully and to implement them at all times when showing properties. Always defer to the rules governing your local area, as cities and counties may have more stringent restrictions on real estate activity.

To further clarify California’s Industry Guidance document, we also have released two new FAQs — one on showing properties, and the other on reopening offices — as well as a legal Quick Guide on Complying with Industry Guidance Showing Rules. We have also released a “Posted Rules for Entry” (C.A.R. Document PRE) you can use to comply with the guidance that all agents must post rules, complete with pictograms, outside a property that all viewing the property must agree to before entering. These resources will provide you with a blueprint for efficiently incorporating the Industry Guidance into your real estate practice.

Keep an eye out for the following forms and resources in zipForm®:

• Coronavirus Property Entry Advisory and Declaration – Visitor
• Coronavirus Property Entry Advisory and Declaration – Seller
• Coronavirus Lease/Rental Property Entry Advisory and Declaration
• Listing Agreement Coronavirus Addendum or Amendment
• Posted Rules for Entry
• Best Practices Guidelines for Real Estate During COVID-19

Please continue to check the C.A.R. coronavirus microsite regularly for the latest information on how best to navigate practicing real estate during these challenging times.

Updated on 4/2:

You can visit the C.A.R. Website to view all the other forms, legal documents and other useful materials that have been recently created. This includes a Listing Agreement Coronavirus Addendum or Amendment (RLA-CAA) for sellers and listing agents to sign, and the other is a Property Viewing Advisory and Declaration (PEAD) that is to be given to and signed by the seller, buyer, agents and anyone else who will be entering a property.

We recommend all existing transactions have a COVID-19 Addendum in place to handle any delays that are out of the control of the parties to the contract. C.A.R. has recently released a new form called the Coronavirus Addendum/Amendment (Form CVA). It is available in zipForm® now, and you can download it by clicking the button below. The form provides that when circumstances related to the coronavirus are affecting the closing date, the Buyer and Seller agree to extend escrow for a default of 30 days. There is also an optional clause where the buyer and seller can mutually agree to cancel the Agreement and an additional optional clause where the buyer or seller can cancel even after removing the loan contingency if the inability to fund is caused by Covid-19 related loss of income. This form can be used either as an amendment to a contract that is already in place or as an addendum to a contract that has not yet been formed.

Please note that SCCAOR does not provide legal advice and is not giving any legal recommendations.

From MLSListings:

Updated on 3/17: We are all concerned about the current state of the economy with the current restrictions in effect, however, we know that everyone is experiencing it together. We would like to ask all Buyers and Sellers to please be patient and see the process through before reacting to fear and uncertainty. We believe that everything will be back up and running in a few weeks time.

Updated May 7, 2020— Home Stagers are now allowed to operate in Santa Clara County. Click here to learn more.

Updated 4/14: Yes. Virtual Staging is okay as long as the structure and items fixed to the structure (e.g. flooring, ceiling fans, outlets, switches, etc.) are not virtually changed.

SCCAOR and SILVAR have asked for clarification with regard to allowable photography services under the “Shelter in Place” order, and just received the following feedback from Santa Clara County Counsel:
“If a virtual viewing is not possible, then a single photographer or videographer is permitted to visit the property once to take photographs and/or video.  This should be done at a time when the occupant is not present in the residence.”
This language is expected to be clarified and soon added to the County FAQs on essential services, specifically referencing what in-home activity is allowed under essential real estate services, with the understanding that social distancing measures and protocols should be followed, i.e., wearing of masks, gloves, maintaining a 6-foot distance from each other, etc.

Updated 5/28/20:

The Santa Clara County Board of Supervisors unanimously voted to extend the eviction moratorium, which applies to all cities and jurisdictions with the County, until August 31, 2020. All other information regarding the details of the moratorium is still accurate below. The County will explore extending the payback period for outstanding rent during the eviction moratorium.

Updated 3/31:

The Santa Clara County Board of Supervisors unanimously voted to approve an eviction moratorium effectively immediately as of Tuesday, March 24, 2020, for all residential tenants and commercial tenants defined as a small business. Due to emergency powers granted to the County under an executive order from Governor Gavin Newsom this moratorium applies to all unincorporated areas AND all cities within the County’s jurisdiction. It is important to note all of the following information from the moratorium.

It is in effect until May 31, 2020.

ALL back rent unpaid during this moratorium is still owed by the tenant to the housing provider. The tenant will have 120 days from the end of the moratorium to pay all back rent, in addition to new current rent due. After this point, late fees and penalties can begin to be assessed. When the moratorium is lifted during the 120 days grace period late fees and evictions can still continue for unpaid new rent due.

The moratorium only protects tenants who can prove significant financial hardship as a direct result of COVID-19. Other forms of evictions can still occur. The tenant must be proactive and provide documentation to the landlord showing proof in any of the following ways:

– Substantial loss of income from: (i) job loss; (ii) layoffs; (iii) a reduction in the number of compensable hours of work; (iv) a store, restaurant, office, or business closure; (v) a substantial decrease in business income caused by a reduction in opening hours or consumer demand; (vi) the need to miss work to care for a homebound school-age child or a family member infected with coronavirus; or (vii) other similarly-caused loss of income, where the conditions listed in (i) through (vii) resulted from frorn the 2020 COVID-19 pandemic or related guidance or public health orders from local, state, or federal authorities

– Substantial out-of-pocket medical expenses for themselves or their immediate family members related to the 2020 COVID-l9 pandemic

Failure to comply as a housing provider is not a criminal offense but punishable through civil fines and penalties.
Any notice of termination served on a Tenant during the 2020 COVID-I9 pandemic must also include a notice of Tenant’s rights under this Ordinance as well as a notice of emergency rental assistance programs.
SCCAOR encourages all tenants and housing providers to read the entire ordinance for a comprehensive understanding of the moratorium. Click Here to Read the Ordinance

If any local Cities that have enacted an eviction moratorium have a stricter ordinance it still applies, along with the County ordinance.

Click Here for City of San Jose Eviction Moratorium Information
Click Here for City of Santa Clara Eviction Moratorium Information
The City of Gilroy may explore a local eviction moratorium at their next Council meeting in April as well as rental subsidies.
The Cities of Campbell, Milpitas, and Morgan Hill have all deferred to the County Eviction Moratorium.

Updated 5/4/20:

More forms of property management and maintenance are now allowed to resume under the revised Shelter in Place Order.

• Arborists, landscapers, and gardeners are allowed to fully return to work beginning May 4th
• All construction workers, including residential improvement projects, are allowed to return to work beginning May 4th
• All construction workers must follow the Small Construction Project Safety Protocol

Updated 3/24: Property management and repair work, which generally involves maintaining sanitary and safety conditions is permissible.

Updated 3/24: The loss of value in a stock portfolio does not, in and of itself, provide grounds for a buyer or seller to cancel a contract unless the contract is contingent upon the value being maintained. The C.A.R. Residential Purchase Agreement does not contain such a preprinted contingency. If a buyer was relying on the stock portfolio to provide the needed down payment or closing costs, the opposite is true. The last sentence in paragraph 3J(2) specifically states that the buyer’s contractual obligation regarding deposit, balance of down payment and closing costs are not contingencies.

Some people have heard of something called a “force majeure” clause. These clauses can limit a contractual obligation, or otherwise, based on “Acts of God.” However, California Civil Code, section 1511, paragraph 2 provides that performance of an obligation is excused when it is prevented or delayed by an irresistible, superhuman cause unless the parties have expressly agreed to the contrary.   The C.A.R. contract does not have such a clause. “Force majeure” or “vis major” is not necessarily limited to the equivalent of an act of God, but the test is whether under the particular circumstances there is such an insuperable interference occurring without the party’s intervention as could not have been prevented by prudence, diligence and care (Pacific Vegetable Oil Corporation v. C. S. T., Ltd. (1946) 29 Cal.2d 228, 174 P.2d 441). While ordinarily, a drop in value in the stock market, be it dramatic or mild, would not excuse failure to perform, the extraordinary circumstances surrounding the coronavirus outbreak may be considered a circumstance warranting if not complete failure of performance then at least delay in performance.

Given the uncertainty, buyer and seller are encouraged to discuss alternatives to timely performance and reach a voluntary amendment during this period of state and national emergency.

Updated 3/24: If a property is not yet listed, a broker may take a listing with a postponed effective date with written instructions from the seller. C.A.R. form SELM can be used for this purpose. In that form, paragraph 8C can be checked and a future date can be inserted in the blank fields. If the COVID-19 scare is not over by that date, then the broker and seller can agree to extend that date to another specific future date. If the seller wants to begin marketing and listing the property before the initial or extended date has been reached, then a written instruction to the listing broker will suffice. If the local MLS has already adopted the NAR Clear Cooperation Policy, then the seller must be informed that the property will be submitted to the MLS within one business day of any public marketing of the property.

If property is not yet listed, another option is to enter into a listing agreement with a future effective date. However, if the seller sells the property prior to that date, then the broker is not entitled to any compensation since the contact has not become effective. And, in such a circumstance the listing agreement may not even become binding on the delayed effective date since the seller no longer owns the object of the listing.

If the property is already listed for sale, the broker and the seller can mutually agree to postpone marketing of the property and extend the effective date. While paragraph 3A(3) of the residential listing agreement (C.A.R. form RLA) provides that the broker is entitled to compensation if the seller unilaterally withdraws the property for sale or makes it unmarketable, proceeding on such a clause in the current environment is risky. The best approach would be to seek a mutual agreement.

Updated May 4, 2020:

Under the revised Shelter in Place Ordinance, appraisers (along with inspectors) have been classified as necessary to enable a residential real estate transaction. They are allowed to operate under the following guidelines.

A single appraiser is allowed on the property to complete a walkthrough. The listing agent and the residents of the property should not be present when this occurs. They will need to abide by the County Social Distancing Protocol and the new state Industry Guidelines for Showing Property. More information on these policies can be viewed in a previous FAQ.

On March 23, 2020, Freddie Mac issued Bulletin 2020-5, Selling Guidance Related to COVID-19, which contains temporary guidance on appraisal requirements. Under the guidance, lenders will be allowed to use desktop appraisal and exterior only appraisals for purchase transactions through May 17, 2020. Freddie Mac has also provided language that the appraiser must copy and paste into their report in order to accommodate the revised scope of work, statement of assumptions and limiting conditions, and certifications for some of the scenarios presented. Visit the Freddie Mac website for more information.

Updated 4/15

From the California Department of Real Estate’s website:

1. Will the Department of Real Estate (DRE) offices be open during shelter in place orders?

All DRE offices are closed to the public until further notice in order to comply with Governor Gavin Newsom’s Executive Order N-33-20, issued March 19, 2020, ordering all California residents to shelter in place to slow the spread of COVID-19. DRE is still operational by phone, eLicensing, mail and email.

DRE has many examinee, licensee and consumer processes available online on our website. To reschedule an exam date or conduct licensing transactions, use our eLicensing system. To file a consumer complaint, use our online complaint system.

For processes that cannot be completed online, documents can still be mailed to DRE. Click here for a list of our addresses.

2. Will DRE’s public information line be open during shelter in place orders?

Yes, however, wait times may be excessive due to staffing restrictions.

3. I heard that all licensing exams are canceled. Is this true?

Yes. DRE canceled all salesperson and broker license exams in all exam centers through April 30, 2020. This action was taken to comply with state and county public health agencies ordering residents to shelter in place to slow the spread of COVID-19.

4. If my exam is canceled, how do I reschedule it?

All examinees can reschedule canceled exams using our eLicensing system for free. If you do not have an eLicensing account, you can easily create one on our website.

5. If the county I live in has issued a shelter in place order, can I reschedule my exam date?

Yes. If the city or county issues a shelter in place order, your exam will be canceled and an email notification will be sent to you. Be sure to check your spam or junk email folders. When an exam is canceled, examinees are placed in a “self-schedule” status on eLicensing, which allows them to reschedule for free.

6. My real estate license will be expiring soon. What is the best way for me to complete my renewal?

The secure eLicensing online system offers expedited processing of salesperson, broker, and officer license renewals any time or day of the week. eLicensing is easy to use, paperless and interactive. Licensees enter information needed for license renewal into eLicensing, including the course number and completion date of continuing education courses taken. If continuing education is required, then Continuing Education Requirements must be completely satisfied in order to renew through eLicensing. Acceptable methods of payment include VISA, MasterCard, and American Express credit cards or debit cards bearing a VISA or MasterCard logo.

Unfortunately, officers renewing after the license expiration date and all restricted licensees cannot use eLicensing. Those renewal applications must be submitted by mail to the Department of Real Estate, P.O. Box 137003, Sacramento, CA 95813-7003.

Remember, you may use eLicensing or submit your renewal application 90 days prior to your license expiration date. Your renewal is on-time if your eLicensing transaction is completed or your application is postmarked before midnight on your license expiration date. If you submit your renewal on-time, Business and Professions Code Section 10156.2 permits you to continue operating under your existing license after its expiration date unless notified otherwise by the DRE.

7. How do I complete continuing education for my license renewal when I have been ordered to shelter in place?

Licensees can take continuing education courses by various means, including by correspondence or distance learning. Correspondence courses include courses offered online or by mail. You can search here for a list of continuing education courses that are offered by correspondence.

Please remember that continuing education courses follow strict regulations with regards to the amount of time required to be spent on a course and spacing of the final exams. See Continuing Education Regulations (RE 312) for additional information.

8. Is DRE considering extending expiration dates/deadlines for licensees or waiving fees for late license renewals?

Not at this time. DRE licensees have a four year license term, and are able to complete all continuing education courses online. Additionally, licensees can renew their license online using our eLicensing system which is available 24 hours a day 7 days a week.

9. Does the shelter in place orders affect other components of the Licensing process?

Live scan service providers may be impacted by shelter in place orders. Please check with individual service providers for their status.

You will likely experience delays with exam and licensing processes as a completed Live scan is required to obtain a license. It is strongly recommended that you use our eLicensing system for those transactions that can be completed online.

10. Will DRE accept electronic signatures on licensing documents during this time?

Yes; however, documents with electronic signatures still have to be mailed to DRE, if they cannot be completed using eLicensing.

11. Is DRE still accepting applications to take the broker and salesperson exams and to obtain a broker, salesperson or corporation license?

Yes. DRE is accepting exam and license applications by mail. Once the application is submitted, you can check the current application processing timeframes updated weekly on our website.

Updated 5/4/20:

The Shelter in Place Ordinance has been extended until at least May 31, 2020, and the SCCAOR offices are still not deemed an essential business. Both offices will remain closed until further notice. However, SCCAOR is offering a select group of merchandise available for curbside pick up from the online store.

Updated on 3/31: In response to the new “Shelter in Place” Order, we will be temporarily closing our offices in both San Jose and Gilroy and our staff will be working remotely. There are several ways that you can get in touch with us if you have any membership related issues or questions:

• Call us at 408-445-8500
• Email us at membership@sccaor.com
• Use our online chat during business hours

You can submit additional questions and comments by filling out the form located further down this webpage.